AN ORDINANCE AUTHORIZING PRINCE CREEK TRAIL

AGENDA ITEM SUMMARY
MEETING DATE:
June 13, 2011
AGENDA ITEM TITLE: AN ORDINANCE AUTHORIZING PRINCE CREEK TRAIL
PROPERTY ACQUISITION.
STAFF RESPONSIBLE:
Dale Will
SUMMARY OF ISSUE: Should Pitkin County purchase a trail corridor and trailhead
parcel from the Tybar Ranch?
BACKGROUND: Our Jerome Park and Cold Mountain Ranch/Crystal Trail projects
were pioneering partnerships matching working ranches with public recreation. Cold
Mountain was a “first” wherein a local ranch assisted in the creation of a public trail along
an agricultural boundary by granting adjacent trail easements. By coordinating ranching
and public access, this unusual partnership debunked the view that the “old west” and the
“new west” don’t mix.
In a similar vein comes now a proposal to acquire approximately 14.6 acres to create a trail
parallel to Prince Creek Road for approximately one mile along Prince Creek, within what is
now the Tybar Ranch. Our agreement includes a 4.6 acre trailhead parcel. See map and
aerial photos
Prince Creek Road runs approximately 6.2 miles from the Crystal Trail/Highway 133 to the
Dinkel Lake turnoff to W. Sopris Ck. Road. Recreational use of this route by bicycles and
pedestrians has dramatically increased in the last decade. The primary users are a.)
mountain bikers seeking to access trails currently on the private “Haynes” parcel, the Crown,
and Hay Park, and b.) nearby residents walking on the road. The Tybar reach of this road
(above the bend at the Flying Dog Barn) is a choke point where many curves and a
predominantly east/west aspect create poor site lines, and roadside parking creates
congestion at the entrance to Prince Creek subdivision. The Public Works Department has
fielded a couple public meetings with neighbors who are concerned about the current parking
situation. Above and below this choke point, the curves are less and the site lines are better.
Open Space Staff have secured a contract with Tybar to sell the Prince Creek trail corridor
for $750,000, and a 4.63 acre “Bull Pen” parcel near the bottom of this reach for $500,000.
The one mile long corridor parcel is approximately 10 acres that varies in width from 30-120
feet. In addition, we will acquire a 30’ wide trail easement on Tybar’s lands below the
Farris Driveway. Also, the East Mesa Ditch company has agreed we may pipe a short
section of ditch below the Bull Pen for trail use, and discussions are underway with Farris
and McIntyre regarding the “gap.” We are confident proceeding now because the Prince
Creek Trail Corridor and Trail Head would be stand alone amenities we believe should be
purchased independently of future acquisitions below the Bull Pen.
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The Proposed Trail Corridor Looking upstream from Tybar Barn (proposed parcel
boundaries in red- trail alignment in purple) – Prince Creek Subdivision on upper right.
Aerial photograph courtesy of Altitude Filmworks.
Trail Corridor Parcel looking downstream from Ranch- “Bull Pen” Trail Head Parcel middle
left. Aerial photograph courtesy of Altitude Filmworks.
We elected to have an appraisal contingency for the Bull Pen parcel only because the Prince
Creek trail corridor parcel would require a very unusual approach with perhaps limited
accuracy, and also because the public benefits of a linear corridor would also be hard to
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measure in monetary terms. The Bull Pen Parcel is more comparable to other building sites
and was appraised at $800,000 by Mark Weston in February of 2006.
The contract also provides that the materials for any new fencing required will be purchased
by Open Space, and the labor to build and maintain such fence will be shared equally. Staff
also recommend that the Ordinance brought to the BOCC will provide that some or all of the
Bull Pen could be resold at a future date if the use of the parcel as a trailhead is not desirable
(for example, if other more suitable lands become available through the proposed Sutey
Ranch land exchange).
Just above the proposed trail corridor lies the “Haynes parcel,” now owned by Wexner. The
Haynes parcel presently experiences a lot of public mountain biking, which has so far been
tolerated by a succession of private owners. Above the corridor we propose to purchase,
bikers and other users could either continue up Prince Creek Road to the BLM boundary, or
could enter the existing trails on the Haynes property so long as that is allowed by the
owners, or until this land is acquired by the BLM as proposed by the current Sutey Ranch
Land Exchange.
Staffs’ observations and those of neighbors such as Dorothea Farris and Roz Turnbull is that
people walk and bike up and down Prince Ck Road year round, and this purchase would
create grade separation on the narrowest and busiest portion of the road. We have already
received calls of support from other neighbors, such as Lisa Dancinglight. Once the road
turns to gravel above Handy Lane, residential traffic is much less and vehicle speeds are
slower due to the gravel surface. Below the Garfield County line, the road straitens and sight
lines are much better. Staff researched the nature or the public ROW within Garfield
County, and it appears that this ROW is prescriptive and would not provide for a further trail
connection off the road without additional easements within Garfield County. While it
would be ideal to tie a trail all the way to the Crystal Trail at Highway 133, we believe the
current conditions there are acceptable and we would hope that additional trail easements
might become available over time.
Acquisition of the trail corridor will also allow the Open Space Department to undertake
some stream restoration work by fencing cattle away from certain areas and seeking to
protect and regenerate surviving cottonwood stands and other riparian vegetation.
LINK TO STRATEGIC PLAN: This acquisition meets the County’s goal to provide
recreational resources and riparian habitat in our valley. This will also relieve a problem on
the County road system, and is therefore good stewardship of County assets.
KEY DISCUSSION ITEMS (ALTERNATIVES): The alternative to this project would be
not to consummate the contract.
BUDGETARY IMPACT: The attached Ordinance will amend the Open Space Budget to
authorize the expenditure needed for this purchase.
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RECOMMENDED BOCC ACTION: Staff and the Open Space Board recommend that
the Board of County approve the attached Ordinance on first reading, and set for public
hearing on June 27.
Attachments: Map
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AN ORDINANCE OF THE
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO, AUTHORIZING PRINCE CREEK TRAIL
PROPERTY ACQUISITION.
ORDINANCE #_
, SERIES OF 2012
RECITALS
1. The Voters of Pitkin County and the Pitkin County Commissioners established an Open
Space and Trails Fund for the purposes of preserving and providing open space and trails
resources, and established an Open Space and Trails Board of Trustees to guide the
expenditure of those funds.
2. The Open Space and Trails Program is charged with protecting agriculture, open space,
habitat, scenic view planes, and with providing recreational opportunities throughout Pitkin
County.
3. The popularity of Prince Creek Road with pedestrians, bicyclists and related parking has
created a congestion and safety problem on the roadway.
4. The Tybar Ranch has offered to sell Pitkin County a trail corridor that is approximately one
mile long paralleling Prince Creek and Prince Creek Road, a 4.6 acre “Bull Pen” lot south of
Prince Creek Road to serve as a trailhead, and additional 30’ wide trail easements along the
Tybar fence line below the Bull Pen.
5. The congestion and safety issues related to recreational use of Prince Creek Road would be
significantly mitigated by the acquisition of a grade separated trail and off street parking as
provided by this purchase.
6. The purchase contemplated herein is contingent on the County to processing a subdivision
approval to sever the trail corridor from the balance of Tybar Ranch.
7. On June 7, 2012, the Pitkin County Open Space and Trails Board recommended that the
BOCC approve the proposed contract with Tybar Ranch.
NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners
of Pitkin County, Colorado, that:
1. The Board approves an expenditure of up to $1,250,000 for the Prince Creek
Trail property of approximately 10 acres, and the “Bull Pen” Trail Head Property
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of approximately 4.6 acres, and also approves up to $25,000 for any related
transaction expenses including subdivision approval and appraisal.
2. As provided in the Pitkin County Home Rule Charter, section 13.5.3, the
Board hereby declares its intention to allow the resale of the “Bull Pen” trail head
parcel should the County determine it is not needed for trailhead or other open
space purposes.
3. Upon approval of the form by the Open Space Director and County Attorney, the
Chair is authorized to execute a contract with Tybar Ranch to effect the purchase
outlined in Paragraph One above.
4. Upon approval of the form by the Open Space Director and County Attorney, the
Chair is authorized to execute other documents needed to consummate this
transaction.
5. That adjustments be made to the year 2012 budget as follows:
OPEN SPACE AND TRAILS FUND
Previous
Revised
Budget This Change Proj Budget
Prince Creek Trail Property Acquisition
Expenditure
Transaction costs up to estimated amount
$0
0
$1,250,000
25,000
$1,275,000
$1,250,000
25,000
$1,275,000
INTRODUCED, FIRST READ, AND APPROVED ON THE 13th DAY OF
June, 2012.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES
WEEKLY ON THE ____ DAY OF _________ 2012.
CONFIRMED UPON SECOND READING AND PUBLIC HEARING ON
THE ___________________.
PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE
ASPEN TIMES ON THE ______ DAY OF _____________, 2012.
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ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
______________________________
Jeanette Jones
Deputy Clerk
______________________________
Michael M. Owsley
Chair
Date: _________________________
APPROVED AS TO FORM:
______________________________
John Ely
County Attorney
_____________________________
Jon Peacock
County Manager
_______________________________
Dale Will, Director
Open Space and Trails Program
Ordinance _______-2012
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